Term of use of Distinction Creole - Update 18-06-2024

INTRODUCTION

Welcome to https://www.distinctioncreole.com/  ! By using our website, you acknowledge that you have read and understood these terms of use (the "Terms"), which incorporate by reference our privacy policy located at https://www.distinctioncreole.com/policies, and agree to be bound by the Terms. It is your responsibility to review these Terms before using the website. If you do not understand or have any questions regarding the Terms, please cease using the website and contact us at distinctioncreolecontactus@gmail.com Any modifications to these Terms will be effective immediately upon posting on the website, unless otherwise stated. We reserve the right to modify the content of the website at any time, with or without notice. These Terms apply solely to the website and do not apply to any other websites, even those controlled by us, that may be linked to the website. To access the terms of use or privacy policies of linked websites, you must refer to the policies of those websites.

Objective

The website is intended to allow potential customers to learn about our products, services, and about DC in general.

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Definitions

• "DC" means Distinction Creole, a sole proprietorship in Canada, which is the owner and operator of the website.

• "Website" refers to the website located at https://www.distinctioncreole.com/

• "Content" refers to all material existing or having existed on the website in any form, of any origin and in any form, whether digital, electronic, published, deleted, archived, embedded or linked, or content on a sub-page of the website or existing as data, designs, text (on each page of the website, whether editorial, navigational or instructional), images, graphics (including all logos, buttons and other graphic elements of the website, including color combinations and layout of the website, excluding third-party trademarks and intellectual property), code or programming (including both client-side and server-side code (including compiled or interpreted code in any computer language, databases, etc.) used on the website), and includes all material that we have provided on or in connection with the website or that any user has submitted, posted, uploaded, or otherwise provided to the website.

• "Services" means all products or services provided by or through DC.

• "User" means any person or entity, as applicable, who accesses the website. As a user, you are subject to these Terms and our privacy policy https://www.distinctioncreole.com/policies and agree to comply with all terms and conditions contained in these Terms.

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USE AND ACESS

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General use Of This Website

We hereby grant you a limited license to view and use the website solely for personal and professional purposes and only as an aid to interact properly with the website as a user. You may use the website only in a manner consistent with your personal and professional needs in good faith. The website and Services are not intended for use by children under the age of 14. Children under the age of 14 may not use or submit information on the website, and their guardians must not allow them to do so. Persons over the age of 14 but under 18 years of age may access the website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and is responsible for all actions of the user taken on the website. These age restrictions are based on applicable law for the benefit of these children.

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Restrictions on Use of The Website

Any unauthorized use by you or on your behalf, including as described in this section of these Terms, will automatically terminate the license we have granted you, and you will no longer be able to use the website for personal or professional purposes. Unless otherwise provided in these Terms or by the website itself, you may not:

• use (or plan, encourage, or assist others to use) the website for any purpose or in any manner prohibited by these Terms or applicable law;

• download (other than caching pages), extract, summarize, copy, or create derivative works from any part of the website;

• collect information from the website using data mining, robots, spiders, or similar data gathering techniques;

• interfere with the proper functioning of the website, including attacking, hacking, or otherwise attempting to penetrate elements not accessible to the public of the website or its servers or networks, using bots, Trojan horses, viruses, DNS attacks or any other technology designed or intended to interfere with the proper functioning of the website or the use of the website by any user;

• bypass or attempt to bypass any security technology or access control implemented on the website or its associated servers and networks;

• advertise or otherwise engage in any commercial activity, including any pyramid scheme, network marketing, Ponzi scheme, or similar;

• impersonate or misrepresent your connection with any other entity or person or otherwise manipulate identifiers to disguise the origin of content;

• disrupt the normal flow of communications or affect the ability of any user to use this website; or

• encourage illegal activity or the intent to commit an illegal act or violate any applicable local, national, or international law.

Termination Of Access

The use of this website is not a legal right. We reserve the right to suspend or terminate your access to the website for any reason or no reason at any time, in our sole discretion, regardless of the potential consequences for you and your activities.

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INFORMATION YOU PROVIDE

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If you choose to provide personal information via this website, the information will only be used for the purposes described in our privacy policy at https://www.distinctioncreole.com/policies. We may collect or share certain information based on your use of the website, as described in and subject to our privacy policy.

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To facilitate communications between you and us, this website offers you the option to contact us. While we strive to protect and secure our online communications, and use the security measures detailed in our privacy policy to protect your information, you and we acknowledge that the transmission of data over the Internet cannot be guaranteed to be completely secure and that security measures are neither perfect nor impenetrable. You agree to release us from (1) any liability to you for any unaccepted or unprocessed email instruction or request, and (2) any loss or damage resulting from any unauthorized use by third parties of the information you send via email.

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If you wish to transmit sensitive information, please contact us without including sensitive information to arrange a more secure means of communication.

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Subject to the privacy policy, any information other than legally acquired personal information about the individual on the site by DC (Name, first name, telephone number, email, address, date of birth), which you submit to us such as material, suggestion, idea, or comment (each, a "Submission") is considered non-confidential. By submitting a Submission, you grant, will grant, and agree to grant us an irrevocable, unlimited worldwide license to use, modify, reproduce, adapt, transmit, sell, license, sub-license, create derivative works, publicly display, perform, and distribute the Submission for any purpose (commercial or otherwise), in any form, media, or technology, known or developed later, alone or as part of other works, without payment or other compensation to you. This license includes the right to use the Submissions and any ideas, concepts, or know-how contained in the Submission for any purpose, including the development, manufacture, distribution, or marketing of products or services.

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Prohibited Information

Please do not send us confidential information, trade secrets, or proprietary information via the website. They are not protected by a confidentiality agreement, and you do so at your own risk.

Information you submit via the website or otherwise may not contain:

• Commercial speeches, such as links to other websites, solicit money, or offer securities, or contain chain letters, pyramid schemes, or spam;

• Third-party intellectual property, including trade secrets, except as permitted by applicable law (i.e., fair use or appropriate authorization) or infringe such intellectual property;

• False or misleading material, impersonate another person, or misrepresent or mislead about identity, gender, or age;

• Harmful, threatening, abusive, harassing, defamatory, obscene, invading another's privacy, or otherwise illegal material;

• Viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components or links to such items; or

• Any robot, spider, website search/recovery application, or other manual or automatic device or process to retrieve, index, "data mine," or reproduce or circumvent the navigation structure or presentation of the website or its content.

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Intellectual Property Rights

DC owns all intellectual property rights related to the DC trademark and any other content, including: copyright, trademark, service mark, trade name, commercial presentation, logo, patents and patentable matter, trade secrets, and data elements and other content that have or provide the "look and feel" of the DC brand image, as well as our own content, including text, graphics, programming (including source code and object code), photographs, videos, and audio contained on the website (the "Intellectual Property"). Any other intellectual property not owned by DC is the property of its respective owner or licensor, as applicable.

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We reserve all rights to all our intellectual property. Your use of the website does not grant you any rights or license regarding intellectual property, except as expressly provided in these Terms.

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You may not display, copy, modify, create derivative works, sell, or distribute any part of the Intellectual Property, nor use it in any way for public or commercial purposes, except as provided in these Terms and for the intended purpose of the website.

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Infringing Third-Party Intellectual Property

We respect the intellectual property of others, and we ask you to do the same. We may, under appropriate circumstances and at our discretion, suspend or terminate the use of the website by users who infringe the intellectual property rights of others.

Report A Violation

Only the owner of intellectual property rights can report potentially infringing items via this reporting system. If you are not the owner of intellectual property rights, you must contact the owner of the intellectual property rights, who may choose to use the procedures set forth in these Terms.

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If you believe your work is subject to copyright or trademark infringement, provide our copyright agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works on that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material;

4. Information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

5. A statement that the complaining party believes in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send the reporting information to our agent designated for notifications of copyright or trademark infringement as follows:

1. By email: distinctioncreolecontactus@gmail.com

2. By mail: Marie Louise McGregor

Once a proper and good faith infringement notification is received by the designated agent, our policy is to:

1. Remove or disable access to the material claimed to be infringing;

2. Notify the user whose material has been removed or disabled; and

3. For repeat, blatant, or bad faith infringers, remove the allegedly infringing material from the website and, at our discretion, terminate that user's access to the website and services.

Responding to an Infringement Notification

If, after receiving a copyright infringement notification from DC, you choose to send us a counter-notification, the counter-notification must be written, provided to our designated agent, and include substantially the following (please consult your own attorney or see the Copyright Act (R.S.C., 1985, c. C-42) to confirm these requirements):

1. A physical or electronic signature of the user;

2. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled;

3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4. The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which DC may be found, and that the user will accept service of process from the person who provided the notification under subsection (c)(1)(C) or an agent of such person.

Send the counter-notification to our agent designated for notifications of copyright or trademark infringement as follows:

1. By email: distinctioncreolecontactus@gmail.com

2. By mail: Marie Louise McGregor

In Canada, under the Copyright Act (R.S.C., 1985, c. C-42), any person who knowingly makes a false representation that any material or activity is infringing may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer or by the copyright owner or licensee.

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Disclaimers and Limitations

Your consent and agreement to the following disclaimers and limitations are a material inducement for us to allow you to access the website or use the services.

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DISCLAIMERS

DC DOES NOT GUARANTEE THAT THE CONTENT, FUNCTIONS, OR SERVICES CONTAINED IN OR ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, OR ERROR-FREE. YOU, AND NOT DC, ASSUME THE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO THE USE OF THE WEBSITE, ITS CONTENT, OR ANY SERVICE. DC DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE WEBSITE OR THE RESULTS OF ITS USE WITH RESPECT TO ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE MAY CONTAIN ERRORS (INCLUDING TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME, WITH OR WITHOUT NOTICE. NEITHER DC NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE WEBSITE SHALL BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION RELATED TO YOUR USE OF THIS WEBSITE OR THE SERVICES.

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THIRD PARTIES AND THIRD-PARTY WEBSITES

The website may contain links to other websites for your convenience and information. Links may be contained on pages, in blog posts, emails from us, or newsletters that we make available from time to time.

These links may be to advertisers, retailers, payment processors, content providers, social networks, or other companies that may use our logo or style due to a co-branding agreement. These websites may be operated by companies not affiliated with DC and may have different privacy policies and terms of use. Notwithstanding the presentation of, or links to, any third-party information or website on the website, such presentation is not an endorsement, guarantee, representation, or warranty, express or implied, by us on behalf of any third party. DC does not control the content that appears on these websites or their privacy practices.

We disclaim any responsibility for the content, matter, or substance of any information accessible or obtained from third-party websites accessible from the website. Access to third-party websites from our website is therefore at your own risk.

These Terms apply only to the website and do not apply to any website, even those controlled by us, that is linked to the website. To access the terms of use or privacy policies of linked websites, you must refer to the policies of those websites.

Monitoring Information and Updates

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We try to ensure that the information on the website is complete, accurate, and up-to-date. Despite our efforts, the information on this website may be inaccurate, incomplete, or outdated, and we make no representation as to the completeness, accuracy, or timeliness of any information on the website, such as information on the nature or characteristics of any goods or services we provide, including prices or terms of sale.

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We assume no obligation to review or monitor the content or other information submitted to the website by third parties. We may review some, none, or all the information submitted to the website. We reserve the right to delete, edit, or reject any information submitted to the website for any reason or no reason. You assume responsibility for verifying the accuracy of any information posted through your independent investigation.

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We reserve the right to cooperate with all law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting messages or otherwise making available any materials believed to violate these Terms or applicable law.

You consent to our disclosure, without further consent or prior notice to you, of your IP address, username, name, IP location, or any other information required by any subpoena issued by a court or law enforcement authority or government agency. We may challenge any subpoena on legal grounds, but we are not obligated to do so.

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Viruses

DC assumes no responsibility or risk for your use of the Internet and the countless risks it presents.

We cannot and do not guarantee that the materials contained on this website will be free of viruses, worms, or other codes or hazards with destructive properties (collectively, “Viruses”). It is your responsibility to ensure that you have adequate procedures, firewalls, checkpoints, and backups in place in your computer system to meet your particular needs for protection against Viruses.

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Limitations of Liability

IN NO EVENT SHALL DC, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE FOUND TO BE UNENFORCEABLE FOR ANY REASON, AND IF DC IS FOUND LIABLE BY ANY COURT, DC'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID TO DC FOR THE SERVICES.

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Disputes Indemnification

You will indemnify, defend, and hold DC, its affiliates, and their respective officers, directors, managers, agents, employees, and contractors harmless from any loss or liability, including reasonable attorney's fees and trial costs, arising from any claim, action, demand, liability, and settlement, including third-party claims and causes of action, arising from or related to any of the following: (1) your use of the Website or Services; (2) the information, including Submissions, that you submit, transmit, or otherwise make available through the Website; (3) your violation of these Terms; (4) your use of third-party intellectual property; (5) any investigation involving you or your conduct by DC, law enforcement, or government authorities; and (6) your violation of any applicable law.

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Waiver

You, on behalf of yourself and your successors and assigns or heirs and personal representatives, as applicable, hereby irrevocably and entirely waive any claim, action, cause of action, arbitration, liability, obligation, damage, loss, penalty, or fine, known or unknown, arising from or in connection with information or Submissions provided by third parties to, through, or in connection with the Website or Services.

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Dispute Resolution

• Governing Federal Law. Canadian law governs your use of the Website, the Services, and all disputes, claims, actions, suits, or other proceedings arising from or related to the Website, the Services, these Terms, or the privacy policy.

• Dispute Resolution. The parties must first attempt in good faith to resolve any dispute, claim, or controversy arising from or related to the Website, the Services, these Terms, or the privacy policy by negotiation before initiating any action, other than an action for preliminary injunction.

• Venue. Any mediation, dispute, or judicial proceeding based on or arising from the Website, the Services, these Terms, or the privacy policy must be brought before the state or Provincials courts sitting in Quebec or Ontario.

• Jurisdiction. You and DC hereby irrevocably consent to the personal jurisdiction of these courts. You and DC declare that these courts are a convenient forum.

• Time to File a Claim. Notwithstanding any law or contrary provision, any claim under these Terms or the privacy policy must be filed within one (1) year after the cause of action arises, or such claim will be forever barred and deemed released.

• Fees and Costs. The prevailing party in any action or proceeding under these Terms will be entitled to recover the reasonable attorney's fees and other costs incurred in such action or proceeding, in addition to any other relief to which the party may be entitled.

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Additional Provisions

1. Entire Agreement. These Terms, along with the privacy policy and the DC Guidelines all  present in https://www.distinctioncreole.com/policies, constitute the entire agreement between you and DC governing the Website or Services and supersede any prior agreement or understanding, oral or written, between you and DC regarding the Website or Services. Each of us represents to the other that we do not rely on any representation or promise not set forth in these Terms or the privacy policy. You may also be subject to additional contractual terms if you use or purchase certain Services from DC and enter into a separate agreement.

2. Waiver. DC's failure to enforce any right in these Terms or the privacy policy does not constitute a waiver of that right or any other provision.

3. Severability. If any provision of these Terms or the privacy policy is found unenforceable for any reason by a court, it will not affect any other provision, and these Terms or the privacy policy will be interpreted without regard to the unenforceable provision.

4. Local Laws. Materials on the Website may not be appropriate or available for use in your region. Persons who choose to access the Website do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules, and regulations. DC may limit the availability of the Website, in whole or in part, to any person, geographic area, or jurisdiction.

5. Relationship. These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.

6. Assignment. DC may assign these Terms or the privacy policy and delegate any of its obligations.

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